Posted the: 2014-09-04 Numac: 2013015214 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 26, 2013. -Law approving the overall framework of partnership and cooperation agreement between the European Union and its Member States, of one part, and the Socialist Republic of Viet Nam, on the other hand, done at Brussels on June 27, 2012 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the overall framework agreement of partnership and cooperation between the European Union and its Member States, on the one hand, and the Socialist Republic of Viet Nam, on the other hand, done at Brussels on 27 June 2012, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 26, 2013.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS, sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012 - 2013 Senate Documents. -Bill filed March 20, 2013, no. 5 - 2023/1.
-Report on behalf of the Committee, no. 5-2023/2.
Parliamentary Annals. -Discussion, meeting of May 2, 2013. -Vote: meeting of May 2, 2013.
House of representatives Documents.
-Draft transmitted by the Senate, no. 53-2792/1. -Report on behalf of the Committee, no. 53-2792/2.
-Text adopted in plenary and subject to Royal assent, session No. 53-2792/3.
-Discussion, meeting of May 29, 2013. Vote, meeting of May 30, 2013.
(2) see Decree of the Flemish community / the Flemish Region from November 22, 2013 (Moniteur belge of 7 January 2014 (Ed. 2).) Decree of the French community of July 4, 2013 (Moniteur belge of 19 July 2013 (Ed. 2).) Decree of the German-speaking community of September 23, 2013 (Moniteur belge of 22 October 2013 (Ed. 2)). Decree of the Walloon Region from July 10, 2013 (Moniteur belge of 31 July 2013). Order of the Region of Brussels - capital of July 26, 2013 (Moniteur belge of 3 September 2013). Order of the common Community Commission of February 27, 2013 (Moniteur belge of 11 March 2014).
Comprehensive framework agreement on partnership and cooperation between the European Union and its Member States, on a hand, and the Socialist Republic of Viet Nam, on the other hand.
The European UNION, hereinafter referred to as 'the Union', and the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the GRAND Duchy of LUXEMBOURG, the Republic of Hungary , Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Republic Portuguese, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, contracting parties to the Treaty on European Union and to the Treaty on the functioning of the Union European, hereinafter referred to as 'the Member States '. of one part, and the Republic Socialist of VIETNAM, hereinafter referred to as 'Viêt Nam', on the other hand, hereinafter referred to jointly as the "parties", whereas the traditional relations of friendship between them as well as the historical ties, political and narrow economic between them;
The particular importance they attach to the comprehensive nature of their mutual relations, so that demonstrate, inter alia, the "blueprint for relations between Vietnam and the European Union until 2010 and orientations to 2015", adopted by Viet Nam in 2005, and the discussions that ensued between them;
Whereas, for them, this agreement is part of a broader and more coherent relationship agreements to which they contribute both;
Reaffirming their commitment to the General principles of international law, the purposes and principles of the Charter of the United Nations and respect for democratic principles and human rights;
Reaffirming their respect for independence, sovereignty, territorial integrity and national unity of the Socialist Republic of Viet Nam;
Reaffirming their commitment to the principle of good governance and the fight against corruption;
Reaffirming their commitment to promote the economic and social advancement of their populations taking account of the principle of sustainable development and environmental protection requirements;
WHEREAS the Criminal Court International is an important step for peace and international justice, in that it aims to effectively prosecute the most serious crimes affecting the international community as a whole;
BELIEVING that the proliferation of weapons of mass destruction (WMD) is a serious threat to international security and wishing to strengthen their dialogue and cooperation in this matter. The adoption by consensus of resolution 1540 of the United Nations Security Council is at the base of the commitment undertaken by the whole of the international community to combat the proliferation of weapons of mass destruction;
Recognizing the need to strengthen the commitments on disarmament and non-proliferation by the international obligations which apply to them;
EXPRESSING their total commitment in the fight against all forms of terrorism in accordance with international law, including the provisions relating to the rights of man and humanitarian law, and their resolution to implement cooperation and international effective instruments to ensure their eradication, and recalling the relevant resolutions of the Security Council of United Nations;
Recognizing the importance of the cooperation agreement of 7 March 1980 between the Economic Community European and the Indonesia, the Malaysia, the Philippines, Singapore and Thailand, member countries of the Association of the Southeast Asian nations, extended to Vietnam in 1999, as well as of the cooperation agreement between the Community European and the Socialist Republic of Vietnam on 17 July 1995;
Recognizing the importance of strengthening their existing relationships, to improve cooperation between them, and their common will to consolidate, deepen and diversify their relations in areas of mutual interest on the basis of the principles of sovereignty, equality, non-discrimination, respect for the natural environment and mutual benefit;
Recognizing the status of Viet Nam developing countries and taking into account their respective levels of development.
Recognizing the particular importance of the development cooperation in favour of developing countries, including those with low incomes and those falling into the category of lower middle-income countries, for the sustainability of their development and economic growth and the full realization and in a timely manner of the internationally agreed development goals including the Millennium development goals set by the United Nations;
Recognizing the progress made by Vietnam on the way of the realization of the objectives of the Millennium development goals and in the implementation of its strategy for socio-economic development, as well as its current level of development that in fact a developing low income;
In the view of the special importance that they give to the principles and the rules that govern international trade and contained in the agreement establishing the WTO (WTO), as well as the need to apply a transparent and non-discriminatory manner;
Recognizing the importance of the role of trade in development and preferential trade programmes;
EXPRESSING their total commitment to the promotion of sustainable development in all its dimensions, including the protection of the environment and effective cooperation in the fight against climate change, so that the promotion and the implementation effective international labour standards ratified by them;
Stressing the importance of cooperation in migration;
CONFIRMING their desire to improve, taking full account of the activities undertaken within a regional framework, the cooperation between them, on the basis of common values and mutual benefit;
SPECIFYING that the provisions of this agreement that fall within part III, title V, of the Treaty on the functioning of the European Union bind the United Kingdom and Ireland as separate contracting parties or by Member States of the European Union, in accordance with the Protocol (n| SN 21) on the position of the United Kingdom and Ireland with respect to the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the functioning of the European Union. The same applies to Denmark, in accordance with the Protocol (n| SN 22) on the position of the annex Denmark said processed, are agreed as follows: title I scope ARTICLE 1 General principles 1 and NATURE. The parties confirm
their commitment to the principles of international law, as defined in the purposes and principles of the Charter of United Nations, reaffirmed in the declaration of the General Assembly of the United Nations on the principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations United, 24 October 1970 , and in other relevant international treaties, stating, among other the notion of rule of law and the principle of "Pacta sunt servanda", as well as their commitment to respect for democratic principles and human rights enshrined in the Universal Declaration of the human rights of the General Assembly of the United Nations and other relevant international instruments applicable to the parties, which underpin the internal and international policies portions and constitute an essential aspect of this agreement.
2. the parties confirm their commitment to continue their cooperation on the road to the full realization of the development goals adopted at the international level, including the objectives of the Millennium for development, in compliance with current international mutual obligations, an essential element of this agreement. They also confirm their respective commitments with regard to the European consensus on development of 2005, the Paris declaration on the aid effectiveness adopted in 2005 at the forum of high level on the effectiveness of the aid, of the Accra action programme adopted at the third high-level forum on the effectiveness of aid and the Hanoi declaration on the effectiveness of aid adopted in 2006 to further improve the results of their cooperation to development, in particular concerning the untying of aid and development assistance more predictable.
3. the parties confirm their commitment to promoting sustainable development in all its dimensions, to cooperate in meeting the challenges of climate change and globalization and to contribute to achieving development goals adopted at the international level, including the Millennium development goals.
4. the parties agree that the implementation of all the activities of cooperation under this agreement will take into account their abilities, needs and levels of development.
5. the parties confirm that trade plays a significant role in the development and preferential trade programmes to contribute to the promotion of the development of developing countries, including Vietnam.
6. the parties agree that the cooperation provided for by this agreement will be consistent with their laws, rules and respective regulations.
ARTICLE 2 objectives of cooperation to strengthen their bilateral relations, the parties are committed to a comprehensive dialogue and to further cooperation in all areas of common interest. Their efforts include to: has) implement bilateral cooperation in all international and regional organizations and bodies competent;
(b) to develop trade and investment between them, to their mutual advantage;
(c) develop cooperation in all areas of common interest related to trade and investment in order to facilitate sustainable trade and investment flows and to prevent and remove barriers to trade and investment, in a manner consistent with ongoing EU-ASEAN regional initiatives and future and in addition to these;
(d) to ensure, through cooperation for development, to eradicate poverty, promote sustainable development, the new challenges like climate change and communicable diseases, to deepen economic reforms and strengthen the integration into the world economy;
(e) put in place a cooperation in the field of justice and security, particularly in the rule of law and legal cooperation, the protection of data, migration and the fight against organised crime, money laundering and illicit drugs;
(f) promoting cooperation in other areas of common interest, including human rights, economic policy, financial services, taxation, industrial policy and small and medium-sized enterprises, information technologies and communications, science and technology, energy, transportation, Urbanism and spatial planning, tourism, education and training, culture , climate change, the environment and natural resources, agriculture, forestry, livestock, fisheries and rural development, health, statistics, labour, employment and Social Affairs, the reform of public administration, associations and organizations non-governmental (NGO), the prevention and mitigation of natural disasters and equality between men and women;
(g) strengthen the current participation and encourage future participation of the two parties to regional and subregional cooperation programmes open to the participation of the other party;
h) put in place a cooperation in the fight against the proliferation of weapons of mass destruction and their delivery systems, against the illicit trade in light weapons and small arms in all its aspects and against remnants of war;
(i) develop and implement a cooperation in the fight against terrorism;
(j) strengthen the role and the image of each of the parties in the region on the other, by various means, such as cultural exchanges, the use of information technology and education;
(k) promote interpersonal understanding, including through cooperation between entities such as think tanks, universities, businesses and the media, through the Organization of seminars, conferences, exchanges of young people and other activities.
ARTICLE 3 Cooperation in regional and international organizations 1. The parties undertake to exchange views and cooperate in the agencies and regional and international organizations, such as the United Nations and their agencies and organizations, the EU-ASEAN dialogue, the regional Forum of ASEAN (ARF), the Asia - Europe Summit (ASEM) and the world Organization of trade (WTO).
2. the parties also agree to promote cooperation in these areas between think tanks, universities, NGOs, companies and media through the Organization of seminars, conferences and other related activities, provided that such cooperation is based on mutual consent.
ARTICLE 4 bilateral and regional Cooperation 1. For each area of dialogue and cooperation under this agreement, while properly focusing on the issues of bilateral cooperation, the parties agree to carry out the activities concerned to the level either bilateral or regional or a combination of the two frameworks. For the choice of the appropriate framework, the parties seek to optimize the impact on all stakeholders and strengthen the participation of the latter while using the best available resources, taking into account the political and institutional feasibility and ensuring coherence with other activities involving the Union and ASEAN. If applicable, cooperation may include support for integration in ASEAN and the development of a sense of community.
2. the parties may, where appropriate, decide to extend their financial support to the activities of cooperation in the fields covered by the agreement or thereto, in accordance with their respective financial resources and procedures. This cooperation can particularly to support the implementation of socio-economic reforms in Viet Nam and focus on building capacity, such as the Organization of programmes of training, workshops and seminars, exchanges of experts, studies and other actions agreed by the parties, in accordance with the development of donor assistance strategies.
Title II ARTICLE 5 General principles 1 development COOPERATION. The development cooperation has for main objectives the objectives of the Millennium for development, to eradicate poverty and promote sustainable development and integration into the world economy. The objectives of the development cooperation take account the strategies and programmes Vietnamese socio-economic development.
The parties acknowledge that their development cooperation is essential to meet the challenges of development of Viet Nam.
2. the parties agree to promote cooperation activities based on their respective resources and procedures.
ARTICLE 6 objectives of cooperation strategies for cooperation in the development of the parties will be aimed particularly at: has) achieve economic growth supported;
(b) promote the development of social and human;
(c) promote reform and development of institutions;
(d) promote sustainable management and regeneration of the environment, as well as good practices in this area and the preservation of natural resources;
(e) prevent the consequences of climate change and to deal;
(f) support policies and instruments aimed at gradual integration in global economy and trade.
ARTICLE 7 forms of cooperation 1.
For each area of cooperation under this title, the parties agree to act at the level
bilateral or regional or a combination of the two frameworks, including in the framework of tripartite cooperation.
2. cooperation between the parties may take the following forms: has) development and technical assistance to programmes and projects agreed upon by the parties;
(b) capacity-building through training, workshops and seminars, exchanges of experts, studies and joint research between the parties;
(c) other forms of financing for development, if applicable;
d) exchange of information on good practice in aid effectiveness.
Title III peace and security ARTICLE 8 fight against the proliferation of weapons of mass destruction and their means of delivery 1. The parties consider that the proliferation of weapons of mass destruction and their means of delivery, with both non-State actors, represents one of the most serious threats that weigh on the stability and international security, while reaffirming the legitimate right portions for research, development, use, marketing and transfer of biological technology chemical and nuclear and material related to peaceful purposes, in accordance with the treaties and conventions which are applicable. They therefore agree to cooperate and to contribute to the fight against the proliferation of such weapons and their delivery systems ensuring full compliance and implementation, at the national level, obligations that they have respectively in the framework of treaties and international agreements of disarmament and non-proliferation, as well as international obligations in this area that apply to them.
The parties agree that this provision constitutes an essential element of the agreement.
2. the parties furthermore agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their delivery systems: has) taking action to sign or ratify all other treaties and international agreements, or accede to, as appropriate, and to fully implement their respective obligations;
(b) putting in place, in compliance with the capacity of each party, an effective system of national export to control exports and transit of goods related to weapons of mass destruction as well as the end-use of dual use technologies, providing effective sanctions for breach of the export control regime, in accordance with resolution 1540 of the United Nations Security Council without prejudice to import and export activities or normal and lawful financial transactions. The establishment of this system may require the provision of assistance, including a capacity-building.
3. the parties agree to establish a regular political dialogue that will accompany and consolidate these elements.
ARTICLE 9 Cooperation in the fight against the illicit trade in small and light weapons (SALW) in all its aspects 1. While reaffirming their right legitimate manufacture, import and hold small arms and small-calibre to meet their self-defence and security needs the parties acknowledge that the manufacture, transfer and illicit arms traffic and small arms, in all their aspects, as well as the excessive accumulation and uncontrolled weapons spread continue to pose a serious threat to international peace and security.
In this regard, they recall the relevant parts of the resolutions 64/50 and 64/51, the General Assembly of the United Nations.
2. the parties agree to observe and to fully perform their respective obligations in the fight against the illicit trade in light weapons and small arms in all its aspects in accordance with existing international agreements to which they are contracting parties and in accordance with the resolutions adopted by the United Nations Security Council, as well as of the commitments to which they supported in the context of other relevant international instruments in this area such as the programme of action of the Nations United to prevent, combat and eradicate the illicit trade in SALW in all its aspects.
3. the parties undertake to establish a dialogue, in the form that suits, with the aim of exchanging views and information and to reach a common understanding of the problems associated with the illicit trade in small arms and light weapons and to strengthen their ability to prevent, combat and eradicate this trade.
ARTICLE 10 Cooperation in the fight against terrorism the parties reaffirm the importance of the fight against terrorism in full respect of the law, including the Charter of the United Nations, of legislation on human rights, refugee law and international humanitarian law.
In this context and in accordance with the global strategy for the fight against terrorism United Nations, contained in resolution 60/288, the General Assembly of the United Nations and in the joint declaration EU-ASEAN of 28 January 2003 on cooperation in the fight against terrorism, the parties agree to strengthen their cooperation in the prevention and eradication of terrorist acts.
The parties shall cooperate in particular: has) in the context of the full implementation of resolution 1373 of the Security Council of the United Nations and other relevant resolutions of the United Nations, taking measures to ratify and fully implement the international conventions and instruments intended to combat and prevent terrorism;
(b) putting in place, in the context of the Joint Committee, regular consultations on cooperation in the fight against terrorism and prevention of terrorism;
(c) exchange of information on terrorist groups and their support networks, in accordance with international and national law and, according to the programmes and instruments of the parties, by providing support for capacity-building of fight against terrorism and prevention of terrorism;
d) by exchanging views on means and methods used to combat terrorism and incitement to commit acts of terrorism, in particular on technical and training, and by exchanging experiences in the field of the prevention of terrorism;
(e) by cooperating to deepen the international consensus on the fight against terrorism and its normative framework and working to develop, as soon as possible, an agreement on the comprehensive convention against international terrorism, to complement the instruments against terrorism already implemented by the United Nations;
(f) encouraging cooperation between the Member States of the United Nations to effectively implement the global strategy of the United Nations against terrorism;
(g) sharing good practices for the protection of human rights in the context of the fight against terrorism.
ARTICLE 11 Judicial Cooperation 1. The parties agree to cooperate in the legal field, in the strengthening of the rule of law and institutions at all levels in the areas of administration of justice and the application of the law.
2. the parties agree to cooperate in strengthening judicial capacity and the legal system in such areas as civil law, the rules of civil procedure, criminal law and the rules of criminal procedure, as well as to proceed with an exchange of information in legal systems and laws.
3. the parties also agree to cooperate in the field of international criminal justice. They believe that the most serious crimes affecting the international community cannot remain unpunished and that their repression must be effectively ensured by taking the measures that are needed at the appropriate level.
4. the parties consider that the International Criminal Court is a progressive institution and independent working for international peace and justice purposes. They agree to cooperate to strengthen the legal framework on prevention and punishment of the most serious crimes affecting the whole of the international community and to consider the possibility of acceding to the Rome Statute.
The parties acknowledge the beneficial character of a dialogue and cooperation on this subject.
Title IV COOPERATION in trade and investment ARTICLE 12 General principles 1. The parties engage in a dialogue on bilateral and multilateral trade and related issues to enhance their bilateral trade relations and to advance the multilateral trading system.
2. the parties undertake to promote the development and diversification of their commercial exchanges to the highest possible level and to their mutual advantage. They undertake to improve and make more predictable conditions for access to the market by supporting the removal of barriers to trade, including by eliminating non-tariff barriers and restrictions to trade in due time and taking measures to improve transparency, taking into account the work done in this field by international organisations of which both parties are members.
3. Recognizing the indispensable role played by the trade development and the proven advantage that developing countries can draw plans
trade preferences, including the generalised system of preferences (GSP) and special and differential treatment under the WTO, the parties shall endeavour to intensify their consultations on their effective implementation.
4. the parties shall take into account their respective levels of development for the implementation of this title.
5. the parties shall keep informed of developments policies trade and related commerce such as the agricultural policy, the policy of food security, consumer protection and environmental policy.
6. the parties shall encourage dialogue and cooperation to develop their relations for trade and investment, including seeking to solve the problems of a commercial nature and by providing programmes of technical assistance and capacity-building, in order to resolve trade issues, particularly in the areas mentioned in the context of the present title.
7. in order to unlock their potential and use their economic complementarity, the parties shall endeavour to find more opportunities and solutions for strengthening their trade and investment relations, which can pass, if necessary, through the negotiation of free trade agreements and other agreements of mutual interest.
ARTICLE 13 development of trade 1. The parties undertake to develop, diversify and increase their exchanges and improve the competitiveness of their products on the national, regional and international markets. Cooperation for this purpose between the parties must notably have aimed at capacity-building in areas such as business development, optimization of business opportunities strategies, including of GSP preferences, competitiveness, promoting the transfer of technology between businesses, the transparency of policies, laws and regulations, information on the market, the development of institutions and the creation of networks at the regional level.
2. the parties fully utilize complementary measures of aid for trade and other aid programs for the purpose of strengthening trade and investment between them.
ARTICLE 14 sanitary and phytosanitary issues and issues relating to the welfare of animals 1. The parties reaffirm their rights and obligations existing under the the WTO agreement on sanitary and phytosanitary measures (SPS Agreement).
2. they reinforce their cooperation and to exchange information on legislation and procedures dealing with implementation, certification, inspection and surveillance on sanitary and phytosanitary plans for exchanges between them within the framework of the WTO agreement on sanitary and phytosanitary measures, of the international convention for the protection of plants (IPPC), the Office international des epizooties (OIE) and the Codex Alimentarius.
3. the parties also agree to cooperate on sanitary and phytosanitary issues and promote cooperation between them in this area by building assistance capacities and technical assistance tailored to the needs of each party and to help to comply with the legal framework, particularly in the areas of food safety, animal health and phytosanitary issues and the use of international standards.
4. the parties agree to cooperate in the field of the welfare and the well-being of animals, if it is necessary, inter alia through technical assistance and capacity building measures to develop standards in this area.
5. the parties shall designate contact points for communication concerning the matters provided for in this article.
ARTICLE 15 technical barriers to trade 1. The parties encourages the use of international standards, shall cooperate and exchange information on standards, technical regulations and procedures for conformity assessment, particularly in the context of the WTO agreement on technical barriers to trade (TBT).
2. the parties shall endeavour to exchange information at an early stage when developing new elements of legislation regarding the OTC. To do this, they encourage any measures aimed at bridging the gaps between them in the fields of standardization and conformity assessment and improving the convergence and compatibility between their respective systems on these points. The parties agree to exchange ideas and to explore the possibility of using certification by a third party to facilitate the flow of trade between them.
3. the cooperation on technical barriers to trade especially takes the form of a dialogue through appropriate channels, joint projects, technical assistance and capacity-building programmes. The parties shall designate, if applicable, contact points for communication concerning the matters provided for in this article.
ARTICLE 16 Cooperation on customs issues and the facilitation of trade 1. Parties: has) are pooling their experiences and good practices, and examine opportunities to simplify the procedures for import, export and investment under other customs regimes.
(b) ensure the transparency of customs and trade facilitation;
(c) establish a customs cooperation as well as effective mechanisms for administrative assistance mutual;
(d) seek a convergence of views and joint action in the context of relevant international initiatives falling within the trade facilitation.
2. the parties shall particularly, among others,: a) strengthen the dimension security and safety of international trade;
(b) ensure greater efficiency of customs measures to enforce intellectual property rights;
(c) ensure a balanced approach between trade facilitation and the fight against fraud and irregularities.
3. without prejudice to other forms of cooperation provided for in this agreement, the parties affirm the interest in the possibility, in future, to conclude memoranda of customs cooperation and mutual administrative assistance, within the institutional framework laid down by this agreement.
4. the parties shall endeavour to mobilize technical assistance resources to support the implementation of cooperation on customs issues and regulations relating to the facilitation of trade under this agreement.
ARTICLE 17 investment the parties shall promote a flow of investment more important through the development of an attractive environment and stable for investment through a coherent dialogue to improve understanding and cooperation on investment issues, to explore administrative mechanisms to facilitate investment flows and to promote a stable, transparent, open investment regime and ensuring equal conditions of competition for investors portions.
ARTICLE 18 political competition 1. The parties shall ensure the maintenance of legislation and regulation on competition and the maintenance of the competition authorities. They apply these rules of effective, non-discriminatory and transparent manner in order to promote legal certainty on their respective territories.
2. at this end, the parties can strengthen their capacity and launch other activities of cooperation relating to the development and enforcement of laws and regulations relating to competition, subject to the availability of funding programmes and instruments of cooperation of the parties.
ARTICLE 19 Services the parties shall establish a regular dialogue aimed at exchanging information on their respective regulatory environments to identify good practices, to promote the access to their respective markets, including electronic commerce, and the sources of capital and technology, as well as to promote trade in services between the two regions and on third country markets.
ARTICLE 20 Protection of intellectual property rights 1. The parties reaffirm the importance they give to the protection of the rights of intellectual property (DPI) and the full implementation of international commitments in this area, to ensure an adequate and effective protection of these rights, in accordance with the standards and relevant international agreements, such as the agreement on aspects of intellectual property rights affecting trade (TRIPS) and the International Convention for the protection of new varieties of varieties (UPOV) with particularly effective means to ensure respect for these rights.
2. the parties agree to intensify their cooperation in the field of protection and enforcement of intellectual property rights, including on the appropriate means to facilitate the protection and registration of geographical indications of the other party in their respective territories, taking into account the rules, practices and international developments in this area and their respective capabilities.
3. the cooperation is implemented in the form agreed by the parties, including by exchanging information and experiences on issues relating to the implementation, promotion, dissemination, streamlining, management, harmonisation, protection,
compliance with and effective enforcement of intellectual property rights, the prevention of abuse such rights and the fight against counterfeiting and piracy, including among others through the creation and strengthening of control and protection of human rights organizations.
ARTICLE 21 involvement of economic operators 1. The parties shall encourage and facilitate the functioning of the Chambers of commerce and industry as well as the cooperation between the associations of the parties, to stimulate trade and investment in areas of mutual interest.
2. the parties shall encourage dialogue between their regulatory bodies and respective players in the private sector, to discuss recent developments in the environment of trade and investment, to explore the needs of private sector development and to exchange views on strategic frameworks to strengthen the competitiveness of enterprises.
ARTICLE 22 Consultations in order to ensure certainty and predictability in their bilateral trade relations, the parties agree to consult promptly and as soon as possible, at the request of a party, on any dispute that may arise in connection with trade or issues related to the trade in the context of the present title.
Title V COOPERATION in the field of JUSTICE ARTICLE 23 fight against organised crime the parties agree to cooperate to combat organised economic and financial crime, as well as against corruption. This cooperation shall, in particular, to implement and promote the standards and relevant international instruments, such as the United Nations convention against transnational organized crime and its additional protocols, and the United Nations convention against corruption, where appropriate.
ARTICLE 24 Cooperation in the fight against money laundering and the financing of terrorism 1. The parties agree on the need to work and cooperate to prevent that their financial systems are used for misuse and to prevent money laundering from all kinds of serious criminal activities, as well as recommended by the financial action task force on money laundering (FATF).
2. the two parties agree to promote training and technical assistance actions relating to the development and implementation of regulations and the improvement of the functioning of mechanisms to fight against money-laundering and the financing of terrorism. The cooperation will enable exchanges of information between the competent authorities of the parties in their respective legislative frameworks on the basis of appropriate standards to combat money laundering and the financing of terrorism, equivalent to those adopted by the parties and international bodies active in this field, such as the Group of financial action task (force FATF).
ARTICLE 25 Cooperation in the fight against illicit drugs 1. The parties shall cooperate to ensure a comprehensive approach balanced by action and effective coordination between the competent authorities, particularly in the areas of enforcement of the Act, customs, health, justice and Home Affairs and other sectors, with the aim of reducing the supply (including illicit cultivation of opium poppy and the production of synthetic drugs) , the traffic and the demand for illicit drugs, as well as to minimize their impact on drug users and society as a whole and to ensure control over precursors effective.
2. the parties agree on the modalities of cooperation to be implemented to achieve these goals. Actions are based on common principles of the conventions on the subject to which the parties involved, of the political declaration, the declaration on the fundamental principles of drug demand reduction and measures to enhance international cooperation to deal with the problem of drugs in the world, adopted at the twentieth special session of the General Assembly of the United Nations on the world problem of drugs which is held in June 1998, as well as the political declaration and the plan of action adopted at the fifty-second session of the commission on Narcotic Drugs of the United Nations, in March 2009.
3. cooperation between the parties includes a technical and administrative assistance, including in the following areas: development of legislation and national policies, establishment of institutions and information centres and monitoring national, training of personnel, drug research, efforts to reduce the demand for these drugs and damage caused by them, police and judicial cooperation and effective control of precursors which can be used in the illicit manufacture of narcotic drugs and psychotropic substances. The parties may agree to include other areas.
ARTICLE 26 Protection of personal data 1. The parties agree to cooperate in order to align the level of protection of the personal data on the highest international standards, if applicable, including those contained in international instruments, insofar as they apply to the parties.
2. cooperation on personal data protection may include technical assistance in the form of an exchange of information and expertise.
Title VI development SOCIO - Economic and other areas of co-operation ARTICLE 27 co-operation in the field of migration 1. The parties reaffirm the importance of joint efforts in the management of migration flows between their territories. To strengthen their cooperation, they shall establish a comprehensive dialogue on all migration-related issues.
Migration issues are integrated into national strategies for socio-economic development of the countries of origin, transit and destination of migrants.
2. cooperation between the parties is based on a specific needs assessment conducted in consultation between the parties and is implemented in accordance with national and EU legislation in this area.
It will focus on: a) the root causes of migration;
(b) the holding of an in-depth dialogue on legal migration aimed, in a manner agreed by common accord, to put in place mechanisms to encourage opportunities for legal migration;
c) the exchange of experiences and practices relating to compliance and the implementation of the provisions of the convention relating to the status of refugees, signed on 28 July 1951 and the Protocol thereto, signed on 31 January 1967, including the principles of non-refoulement and voluntary return;
(d) the rules of admission, as well as the rights and status of persons admitted, fair treatment and integration of non-citizens in legal situation, education and training, as well as measures to combat racism and xenophobia;
e) the development of an effective preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings human, including the study of the means to combat networks of smugglers and traffickers and protecting the victims of such traffic;
(f) the return, in human and dignified conditions, of persons residing illegally on the territory of a country, including the encouragement of their voluntary return, and their readmission, in accordance with paragraph 3;
(g) issues considered as having a common interest in the field of visas and the security of travel documents;
(h) issues considered as having a common interest in the field of controls at the borders;
(i) the strengthening of technical and human capacity).
3. in the context of the cooperation to prevent and control illegal immigration and without prejudice to the need to protect the victims of trafficking in human beings, the parties further agree to the following: a) after confirmation of their Vietnamese nationality by the competent Vietnamese authorities in accordance with national legislation or applicable agreements Vietnam conducts the readmission of its nationals illegally present on the territory of a Member State, at the request of the competent authorities of the latter and expeditiously;
(b) after confirmation of their nationality by the competent authorities of the State Member concerned in accordance with its national legislation or applicable agreements, each Member State conducts the readmission of its nationals illegally present on the territory of Viet Nam, at the request of the competent authorities of the latter and as soon as possible.
The parties provide their nationals identification documents appropriate to this end. When the person to be readmitted has no document or other proof of nationality, the competent authorities of the Member State concerned or of Viet Nam took, at the request of Viet Nam or the Member State concerned, arrange to speak with that person in order to establish his nationality.
4. in respect of their laws and respective procedures, the parties shall strengthen their cooperation on issues relating to the readmission in
to negotiate, at the request of one or other of the parties, and as mutually agreed, an agreement between the EU and Vietnam on the readmission of their respective citizens.
ARTICLE 28 Education and training 1. The parties agree to promote a respectful cooperation of their diversity in the areas of education and training, in order to increase their mutual understanding and awareness of educational opportunities in the EU and in Viet Nam.
2. the parties Furthermore place emphasis on measures designed to create links between their agencies and institutions of respective higher education and to encourage the exchange of information, know-how, students, experts and technical resources, taking advantage of the resources offered by the programmes of the Union in Southeast Asia in the fields of education and training , as well as the experience gained by the two parties in this area.
3. the two parties agree to promote the implementation of adequate higher education programmes, such as Erasmus Mundus and the training of conference interpreters programme, and to encourage educational institutions in the EU and Vietnam to cooperate in graduates or programmes of joint research efforts to develop cooperation and academic mobility.
4. the parties further agree to engage in a dialogue on issues of mutual interest related to the modernization of the system of higher education, technical education and vocational training, which could include technical assistance measures aimed, inter alia, to improve the framework of qualifications and quality assurance.
ARTICLE 29 health 1. The parties agree to cooperate in the health sector to improve health conditions and social protection, and in particular strengthen the health care system, including health care and health insurance.
2. This focuses primarily on cooperation: has) programmes aimed at strengthening the health sector, notably to improve the systems and health services, sanitation, and social protection;
(b) joint activities in the field of epidemiology, including cooperation in prevention and control early outbreaks, such as avian and pandemic influenza and other major communicable diseases;
(c) international agreements in the field of health, including the framework convention for tobacco control and the international health regulations;
(d) standards of food safety, including the network of automatic control of imports of foodstuffs, covered by article 14.
e) the exchange of information and experience on policies and regulations relating to pharmaceuticals and medical equipment, as mutually agreed by common accord;
f) prevention and control of noncommunicable diseases by exchanging information and good practices, the promotion of a healthy lifestyle, support of the primary determinants for health, as well as the monitoring and management of these diseases.
3. the parties recognize the importance of continuing to modernize the health sector and strengthen capacity-building and technical assistance in this area.
ARTICLE 30 environment and natural resources 1. The parties agree on the need to preserve and sustainably manage natural resources and biological diversity as essential elements in the development of present and future generations.
2. the parties agree that cooperation in this field must be carried out in favour of the safeguarding and improvement of the environment, with a view to sustainable development.
The outcome of the World Summit on sustainable development will be taken into account in all activities undertaken by the parties under this agreement.
3. the parties agree to cooperate to ensure that their environmental policies complement and strengthen the integration of environmental considerations in all areas of cooperation.
4. the parties undertake to continue and to strengthen their co-operation, including: has) by encouraging their active participation in the implementation of multilateral environmental agreements which they are signatories, among them the Bssle Convention, the Stockholm Convention and the Rotterdam Convention;
b) promoting environmental awareness and strengthening local participation, especially of indigenous and local communities, in efforts to promote the protection of the environment and sustainable development;
(c) by promoting and disseminating technologies, products and services respectful of the environment, including the use of regulatory and market mechanisms;
(d) preventing transboundary illegal of waste, including hazardous waste and substances that Deplete the ozone layer;
e) by improving the quality of ambient air, the waste management respectful of the environment, the safety of chemical products, the sustainable and integrated management of water resources, and encouraging consumption and sustainable production;
(f) in the area of sustainable development and protection of forests, including through the promotion of the sustainable management of forests, forest certification, measures aimed at combating the illegal exploitation of forests and associated trade, and the integration of forest management in the development of local communities;
(g) with regard to the effective management of national parks, so that the designation and protection of areas of biodiversity and fragile ecosystems, in compliance with local and indigenous communities living in these areas or close to them;
(h) with regard to the protection and conservation of the coastal and marine environment and the promotion of the effective management of marine resources in order to ensure sustainable marine development.
(i) with regard to the protection of soil, preservation of soil functions and sustainable exploitation of the land;
(j) improving capabilities of land management, the transparency of the land economy and the functioning of the real estate market, on the basis of the principle of sustainable use of land and equal rights for relevant stakeholders, to ensure effective use of land and the protection of the environment in the context of sustainable development.
5. to do this, the parties shall endeavour to strengthen their cooperation in both bilateral and multilateral frameworks, including through programmes of technical assistance to promote the development, transfer and utilization of environmentally sound technologies on the environment, as well as by initiatives and partnership agreements based on the principle of mutual benefit, to the rapid achievement of the Millennium development goals.
ARTICLE 31 Cooperation to cope with climate change 1. The parties agree to cooperate to accelerate the fight against climate change and its impact on environmental degradation and poverty, promote strategies designed to mitigate climate change and adapt to its adverse effects, in particular to the elevation of the sea level, and engage their economies on trajectories of low carbon sustainable growth.
2. the objectives of cooperation are the following: a) fight against climate change, the overall objective being a transition to sober carbon savings that is safe and sustainable, through concrete actions for mitigation consistent with the principles of the framework Convention of the United Nations on climate change (UNFCCC).
(b) improve the energy performance of their economies, by promoting energy efficiency, energy savings and utilization of renewable energy safe and sustainable, and move towards energy production which does not affect the climate and helps to lay the foundations for an energy revolution.
(c) to promote sustainable production and consumption models in their economies, which contribute to relieve pressure on the ecosystem, including soil and climate;
(d) to adapt to the inevitable and negative impact of climate change, including by integrating adaptation measures into strategies for growth and development of parts and planning in all sectors and at all levels.
3. to achieve the objectives set out in paragraph 2, the parties: a) intensify policy dialogue and cooperation at the technical level;
(b) encourage cooperation in research and development (R & D) and low-emission technologies;
(c) strengthen cooperation on national actions to appropriate mitigation, carbon sober growth plans, national programmes for adaptation to climate change and disaster risk reduction;
(d) promote capacity-building and strengthen institutions in order to meet the challenges of climate change;
(e) encouraging awareness actions, in particular with respect to the most vulnerable and those living in fragile areas, and facilitate the participation of local communities in the actions to respond to climate change.
ARTICLE 32 Agriculture, forestry, livestock, fisheries, and rural development 1. The parties
agree to intensify their cooperation, including through enhanced dialogue and the exchange of experiences in the fields of agriculture, forestry, livestock, fisheries and rural development, particularly on the following points: a) the agricultural policy and international agricultural Outlook in general;
b) the facilitation of the exchange of plants, animals and their products, the development and the promotion of markets;
(c) the development policy in rural areas;
d) quality policy for plants, animals and aquatic products, and in particular geographical indications and organic production method;
the marketing of quality products, including products of organic agriculture and those covered by geographical indications (labelling, certification and control);
e) welfare and the welfare of the animals;
(f) the promotion of sustainable and environmentally friendly agriculture on the environment and the transfer of biotechnology);
(g) support for a policy fisheries and the marine environment that is both responsible and sustainable in the long term, including conservation and management of coastal and marine resources;
(h) supporting efforts of prevention and fight against illegal fishing, unreported and unregulated practices and against the illegal exploitation of forests and associated trade, by the implementation of the programme of forest law enforcement, governance and trade (FLEGT) and a voluntary partnership agreement (VPA);
i) research on heredity, the selection of animal breeds or varieties of plants, including the improvement of the quality of the herd, and research on food and nutrition of aquatic and terrestrial animals;
j) the mitigation of the adverse effects of climate change on agricultural production and the reduction of poverty in rural and remote areas;
k) support to sustainable forest management and promotion, including adaptation to climate change and mitigating its negative effects.
2. the parties agree to explore possibilities for technical assistance in the field of plant and animal production, in particular, but not exclusively, the improvement of plant and animal productivity and quality of products, and also agree to consider the implementation of programmes for capacity-building to develop management skills in this area.
ARTICLE 33 Cooperation on gender equality 1. The parties shall cooperate for the strengthening of policies and programmes related to gender as well as to the consolidation of the institutional and administrative capacities in this field; They also support the implementation of national strategies for equality between men and women, particularly concerning the rights and empowerment of women, in order to ensure equitable participation of men and women in all sectors of economic, cultural, political and social life. In particular, this cooperation aims to improve women's access to the resources necessary for the full exercise of their fundamental rights.
2. the parties shall encourage the creation of an appropriate framework to: has) to ensure that gender equality issues are duly taken into account in all the strategies, policies and programmes of development;
b) to share experiences and approaches in the field of the promotion of equality between men and women, to promote the adoption of positive measures in favour of women.
ARTICLE 34 Cooperation in the field of the management of remnants of war the parties acknowledge the importance of cooperation in the fight against mines, bombs and other unexploded devices and in the control of compliance with international treaties to which they are parties, taking into account other relevant international instruments. The parties therefore agree to cooperate: has) by Exchange of experience and dialogue, improvement of management capacity, and the training of experts, researchers and experts, including through assistance in the strengthening of capacities, subject to their internal procedures, to address these problems;
(b) by the means of communications and education for the prevention of accidents caused by bombs and mines, rehabilitation and community reintegration of the victims of bombs and mines.
ARTICLE 35 Cooperation in the field of the rights of man 1. The parties agree to cooperate in the promotion and protection of the human rights, including the implementation of the international instruments for the defence of the human rights to which they are parties.
Technical assistance will be provided for this purpose.
2. this cooperation may cover: a) the promotion of human rights and education in this area;
(b)) the strengthening of institutions working in the field of human rights;
(c) the strengthening of the ongoing dialogue on human rights;
(d) the strengthening of cooperation within the institutions of the United Nations working in favour of human rights).
ARTICLE 36 public administration reform the parties, based on a specific needs assessment conducted in mutual consultation, agree to cooperate in the restructuring of their public administration and improving its efficiency, including by: a) the improvement of organizational efficiency, including decentralization;
(b) enhancing the effectiveness of service delivery institutions;
c) improving the management of public finances and accountability, in accordance with the laws and respective regulations of the parties;
(d) the improvement of the legal and institutional framework);
e) the capacity building necessary for the design and implementation of policies (offers services public, development and implementation of the budget, fight against corruption);
f) strengthening the capacity of the mechanisms and enforcement agencies to enforce the law;
(g) the reform of the public service, agencies and administrative procedures;
(h) the strengthening of capacities for the modernization of public administration).
ARTICLE 37 Associations and non-governmental organizations 1. The parties acknowledge the role and potential contribution of the associations and NGOs, including the social partners, in the process of cooperation under this agreement.
2. in accordance with democratic principles and the legal and administrative provisions of each party, organized associations and NGOs can: a) participate in the policy development process;
(b) be informed of consultations on sectoral policies and strategies for development and cooperation, and participate, particularly in the areas that concern them, at all stages of the development process;
(c) receive financial resources, insofar as the legislation of each of the parties allows, as well as assistance in building capacity in areas in difficulty;
d) participate in the implementation of cooperation programmes in areas that concern them.
ARTICLE 38 Culture 1. The parties agree to promote a multifaceted cultural cooperation in respect for their diversity, in order to improve their mutual understanding and knowledge of their respective cultures.
2. the parties shall endeavour to take appropriate measures to promote cultural exchanges and developing joint initiatives in various cultural fields, including cooperation in heritage preservation, in respect of cultural diversity. In this regard, they agree to continue to cooperate under the Asia-Europe Summit (ASEM) and to support the activities of the Asia-Europe Foundation. To do this, the parties support and encourage partnership and long-term cooperation activities between their cultural institutions.
3. the parties agree to consult and cooperate within relevant international fora, including Unesco, in order to pursue common objectives and promote cultural diversity and the protection of cultural heritage. In this regard, the parties agree to promote the ratification of the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, adopted on 20 October 2005, and to strengthen their cooperation in its implementation, with emphasis on political dialogue, by integrating culture in sustainable development and the reduction of poverty with a view to encouraging the emergence of a dynamic cultural sector by facilitating the development of cultural industries. The parties continue their efforts to encourage other States to ratify this convention.
ARTICLE 39 scientific and Technological Cooperation 1.
The parties agree to strengthen the scientific and technological cooperation in the fields of mutual interest, including industry, energy, transport, the environment, and in particular climate change and management of natural resources (fisheries, forestry and rural development), agriculture and food security, biotechnology, as well as human and animal health, taking into account their policies and respective cooperation programmes.
2. this cooperation aims to: has) encouraging the exchange of information and scientific know-how and
technology, including with regard to implementation of policies and programmes;
(b) promote relationships and sustainable research partnerships between scientific communities, research centres, universities and industry;
(c) promote the training of human resources in science and technology;
(d) strengthen the implementation of scientific and technological research in order to promote sustainable development and improve the quality of life.
3. cooperation takes the following forms: has) projects and joint programmes of research and development;
b) exchange of information, knowledge and experience by the joint organization of seminars and conferences seminars and scientific workshops, of meetings,
(c) training and exchange of scientists and research students through exchange programs and international mobility programmes, by providing for a maximum dissemination of the results of research, lessons learned and good practices;
(d) other activities agreed between the parties.
4. the parties shall encourage their higher learning institutions, research centres and their respective production sectors, especially their small and medium-sized enterprises, to join this cooperation. Cooperation activities must be based on the principles of reciprocity, mutual benefit and fair treatment and adequate protection of intellectual property.
5. the following areas, among others, have a specific priority cooperation: has) promotion and facilitation of access to research facilities specific for the Exchange and training of researchers;
(b) encouraging the integration of research and development in investment and development assistance programmes/projects.
6. the parties shall endeavour to mobilize financial resources to support the implementation of activities of scientific and technological cooperation in respect of the agreement within the limits of their capabilities.
7. the parties agree to implement everything to raise public awareness to the opportunities offered by their respective programmes for scientific and technological cooperation.
ARTICLE 40 co-operation for technologies of information and communication 1. Recognizing that information and communication (ICT) technology are fundamental elements of modern life and are essential for socio-economic development, the parties agree to exchange their views with regard to their respective policies to support economic and social development.
2. cooperation in this field focuses on: has) the facilitation of dialogue on various aspects of ICT development.
(b) the strengthening of ICT, including the development of human resources capacity;
c) interconnection and interoperability of networks and services of the parties and the South-East Asia;
d) standardization and dissemination of the new ICTs;
(e) the promotion of cooperation in research and development between the parties in the ICT sector;
(f) issues/aspects of the ICT security and the fight against cybercrime.
g) assessment of compliance of telecommunications, including broadcast equipment;
(h) cooperation and the sharing of experiences and good practices with regard to the introduction of the technologies of information in society and in public administration;
(i) the promotion of cooperation between the institutions and competent officers in the audiovisual and media sectors;
(j) the continuing cooperation between the parties in the area of ICT, including technology transfers.
ARTICLE 41 transportation 1. The parties agree to further intensify their cooperation in the areas suitable for transport policy, to enhance and develop investment opportunities, to improve the movement of goods and passengers, to promote safety and maritime and aviation security (and more particularly the research and relief, the fight against piracy and broader regulatory convergence) reduce the impact of transport on the environment and increase the efficiency of their transport systems.
2. cooperation between the parties in this sector aims to promote: a) exchanging information on their policies and practices respective in the field of transport, particularly in what concerns the rural, urban, maritime and air transport, the planning of urban transport, the transport logistics, development of public transport and the interconnection and interoperability of multimodal transport networks;
b) the exchange of information on the European navigation system by satellite Galileo using appropriate bilateral instruments, with emphasis on issues of common interest concerning regulatory, industrial development and the development of the market;
(c) joint actions in the area of air transport, including by implementing existing agreements, to investigate the possibilities to further develop relations, as well as technical cooperation and regulatory, on issues such as safety and air safety and air traffic management, to encourage the harmonization of regulations and for the elimination of obstacles to economic activity. On this basis, the parties explore the possibilities of enhancing cooperation in the field of civil aviation;
(d) dialogue in the field of maritime transport services for unlimited access to the international maritime market and trade on a commercial basis, the phasing out of the existing systems for booking of cargo commitments, the parties failing to introduce cargo-sharing clauses, the granting of the right of establishment business providers of maritime transport services including auxiliary services, national treatment and most-favoured-nation (MFN) for access clause ships operated by nationals or companies of the other party to the auxiliary and port services, and door-to-door transport services-related issues;
(e) the implementation of standards of safety and prevention of pollution, particularly in what concerns the maritime and air transport, in accordance with the applicable international conventions, especially the cooperation in the competent international fora, to ensure a better application of international regulations. To do this, the parties shall promote technical cooperation and assistance on questions relating to transportation security, including search and rescue and surveys on deaths and accidents.
ARTICLE 42 energy 1. The parties agree to improve cooperation in the energy sector so: has) to diversify their energy sources to improve energy security, to develop innovative and renewable forms of energy, including biofuels and biomass depending on the circumstances of each country, wind and solar energy, and hydroelectric power generation, and support the development of appropriate strategic frameworks in order to establish conditions conducive to investments and a level of fair competition for renewable energy
and their integration in the areas of action concerned;
(b) to achieve a rational use of energy at the level both of supply and demand by encouraging energy efficiency during the production, transport and distribution of energy as well as at its end use;
(c) to promote effective transfers of technology for production and use of energy;
(d) to work to capacity-building and facilitation of investments in the energy sector on the basis of transparent and non-discriminatory commercial regulation;
(e) to discuss the issue of affordable access to services linking energy and sustainable development.
2A this effect, the parties agree to promote contacts and joint research activities, thereby to intensify technical assistance and projects of capacity-building in the context of the relevant regional forums devoted to cleaner production and the protection of the environment, in their mutual interest. Both parties will still explore opportunities to strengthen cooperation in the field of security and nuclear safety in compliance with current policies and their regulatory framework.
ARTICLE 43 tourism 1.
Under the Global Code of ethics for tourism of the world Organization of tourism and sustainability principles based on the process of local Agenda 21, the parties seek to improve the exchange of information and to establish good practices in order to ensure a balanced and sustainable tourism development.
2. the parties agree to intensify their cooperation on the following points, among others: a) save and highlight their heritage natural and cultural;
(b) mitigating the negative impacts of tourism;
(c) increase the positive contribution of tourism industry to the sustainable development of local communities, including through the promotion of tourism
ecological and cultural, in respect for the integrity and the interests of indigenous and local communities;
(d) provide technical assistance and capacity-building, including through training programmes for policy makers and managers of tourism;
(e) encourage the tourism industry, including the organizers of tours and travel agents of the two parties to further intensify bilateral cooperation, including through training.
ARTICLE 44 industrial policy and cooperation between SMEs the parties, taking into account their policies and respective economic objectives, are suitable to stimulate industrial policy cooperation in all fields as they deem appropriate, to improve the competitiveness of small and medium-sized enterprises, inter alia in the following manner: has) by exchanging information and sharing experiences on the establishment of the legal framework and other favourable conditions for improving the competitiveness of small and medium-sized enterprises;
(b) by encouraging contacts and exchanges between economic operators, encouraging joint investments and joint ventures, as well as information networks, including through horizontal programmes of the existing Union, by stimulating, in particular, technology transfer and know-how between the partners, including new technologies and advanced;
(c) by providing information, by stimulating innovation and sharing best practices on access to financing and to the market, including the services of audit and accounting, in particular for small and micro-enterprises;
d) by facilitating and supporting relevant activities determined by their private sectors and respective professional associations;
(e) by promoting the social responsibility of companies and their obligation of accountability and by encouraging responsible business practices, including consumption and production sustainable.
This cooperation is also envisaged in terms of consumers, interested for example in information on the products or to the role of consumers in the market;
(f) conducting joint research projects, providing technical assistance and cooperation on standards, technical regulations and conformity assessment procedures in specific industrial sectors, according to terms agreed by common accord.
ARTICLE 45 Dialogue on economic policy the parties agree to cooperate in the promotion of the exchange of information on their respective economic policies and trends, as well as the sharing of experiences in coordination of economic policies in the context of cooperation and regional economic integration by using existing multilateral and bilateral mechanisms in the areas of mutual interest including by sharing information on the process of reform and privatization of public enterprises, in accordance with their laws and regulations.
ARTICLE 46 Cooperation in the field of taxation 1. To strengthen and develop economic activities taking into account the need to develop a regulatory and administrative framework appropriate parties undertake to respect the principles of good governance in the tax area and implement the principles of transparency and exchange of information within the framework of bilateral tax agreements between Member States and Viet Nam. The parties also agree to reinforce their exchange of experiences, their dialogue and their cooperation in the fight against tax evasion and other harmful tax practices.
2. the parties agree to strengthen cooperation in the field of taxation to improve their regulatory and administrative capacity by, inter alia, the exchange of experiences and a technical assistance.
3. the parties shall encourage the effective implementation of bilateral tax conventions between the Member States and Viet Nam and are favourable to the examination of new conventions of this type in the future.
ARTICLE 47 Cooperation in financial services the parties agree to maintain a dialogue to exchange information and experiences on their respective regulatory environments and strengthen their cooperation in order to improve the accounting, auditing and supervisory and regulatory systems in the banking and insurance sectors and in other segments of the financial sector including through capacity-building programmes in areas of mutual interest.
ARTICLE 48 Cooperation in prevention and mitigation of natural disasters 1. The parties agree to cooperate to prevent natural disasters and respond effectively to minimize the loss of life and damage to property, natural resources, environment and cultural heritage and to integrate the concept of disaster risk mitigation in all sectors and areas of intervention at both national and local level.
2. on this basis, the parties agree to: a) share information on monitoring, assessment, forecasting and early reporting of natural disasters;
(b) improve capabilities through the sharing of experiences and good practices in the prevention and mitigation of natural disasters;
(c) to support each other through the provision of technology, equipment and specialized equipment necessary for disaster management and emergency response;
(d) improving the dialogue between authorities of parties responsible for natural disasters and emergency management to support and strengthen cooperation in this area.
ARTICLE 49 urban planning and land use 1. Recognizing the importance of the role of urban planning and land-use planning in pursuit of the objectives of economic growth, poverty reduction and sustainable development, the parties agree to promote cooperation and partnership in this area.
2. cooperation in the field of urbanism and spatial planning may take the following forms: a) the exchange of experiences on issues related to urban planning and the development of the territory, including sustainable:-strategies dealing with urban planning and infrastructures which are associated with, the planning and urban expansion, conservation and development of historical settlements;
-the establishment of urban networks with the participation of Central and local managers including municipalities, associations and NGOs, agencies, contractors and trade associations;
-management of architecture, urban planning and the expansion of urban space through instruments covered by the geographic information system (GIS);
-planning and development of urban centres, the renovation of inner-city and ecological development of urban areas;
-the relations between urban and rural areas;
-the development of technical infrastructure in urban areas, including the rehabilitation and improvement of urban networks of water supply, the construction of sewers and treatment systems of solid waste, the protection of the environment and the urban landscape;
b) support for training and strengthening the capabilities of managers, at the central, regional and local level, in the field of urban planning and land-use planning, the management of architecture and architectural heritage;
(c) cooperation in the context of appropriate international organizations, such as UN-Habitat and World Urban Forum, through programmes of joint research and the Organization of workshops and seminars to exchange information and experiences in the field of urban planning, including on issues related to urban expansion, urban architecture, the development of the territory and the development of technical infrastructure.
3. the parties agree to intensify their cooperation and make their regional and urban authorities exchange experiences and information in order to solve the complex urban problems in promoting sustainable development.
ARTICLE 50 labour, employment and Social Affairs 1. The parties agree to strengthen cooperation in the field of labour, employment and Social Affairs, including cooperation in the fields of labour, social and regional cohesion, health and safety at work, equality between the sexes, development of skills throughout life, the development of human resources International, decent work and social security migration, enhance the social dimension of globalization.
2. the parties reaffirm the need to contribute to the process of globalization beneficial to all, and to promote full and productive employment and decent work as a basis for sustainable development and poverty reduction, as established by resolution 60/1 of the General Assembly of the United Nations and the Ministerial Declaration of the high-level segment of the ECOSOC of the UN from July 2006.
The cooperation between the two parties is compatible with the respective characteristics and nature
different socio-economic situations and take account of them.
3. the parties reaffirm their commitment to respect, promote and enforce labour standards recognised at the international level, defined in the conventions of the International Labour Organization (ILO) to which they are parties, referred to in the declaration on the fundamental principles and rights at work of the ILO.
The parties agree to cooperate and to provide technical assistance to promote the ratification of the labour standards recognized internationally if there is place and effectively implement standards ratified by the parties.
4. in respect of the laws, conditions and procedures applicable in the host country as well as conventions and international treaties to which they are parties, the parties shall endeavour to ensure that the treatment accorded to nationals of the other party legally employees on their territory is free of any discrimination based on nationality, as regards inter alia working conditions, remuneration or dismissal, compared to the conditions applied to nationals of third countries.
5. the cooperation may take the following forms: programmes and specific projects, agreed by common accord, a capacity-building, exchange of ideas and initiatives on topics of common interest, bilateral or multilateral, such that in the context of the ASEM level, EU-ASEAN meetings and the ILO.
ARTICLE 51 statistics 1. The parties agree to promote cooperation to harmonize and develop statistical methods, including the collection, processing, analysis and dissemination.
2. at this end, the parties agree to strengthen cooperation, including through regional and speakers international, through the capacity building and technical assistance projects, including through the provision of statistical software modern, to improve the quality of statistics.
Title VII ARTICLE 52 institutional framework Joint Committee 1. The parties agree to establish a Joint Committee composed of representatives of both parties at the highest level possible, responsible for the following tasks: a) ensure the proper functioning and the proper application of this agreement;
(b) prioritize the objectives of this agreement;
(c) follow the development of the whole of the relations that the parties maintain and make recommendations for promoting the objectives of this agreement;
(d) seek, where appropriate, information to other committees or other bodies established under other agreements between the parties and examine all the reports they submit to him;
(e) exchange opinions and make suggestions on any subject with a common interest, including the future actions and the resources available to achieve them;
(f) resolve disputes arising from the application or interpretation of this agreement;
(g) review all the information submitted by one of the parties concerning the honouring of obligations and hold consultations with the other party in order to find a solution acceptable to the two parties, in accordance with article 57.
2. the Joint Committee shall normally meet annually, alternately in Hanoi and in Brussels, at a date fixed by mutual agreement. Special sessions may also be convened by common agreement between the parties. The Chair of the Joint Committee is exercised alternately by each of the parties. The agenda of the meetings of the Joint Committee is established by a mutual agreement between the parties.
3. the Joint Committee may create subcommittees and working groups to assist it in the performance of its tasks. These subcommittees and working groups provide detailed reports of their activities to the Joint Committee at each of its meetings.
4. the parties agree to instruct the Joint Committee to ensure the proper functioning of any agreement or sectoral protocol concluded or to be concluded between the parties.
5. the Joint Committee shall establish its internal rules.
Title VIII final provisions ARTICLE 53 means of cooperation 1. The parties agree, within the limits of their resources and their respective regulations, to provide appropriate, financial and other means, to enable the realization of the cooperation objectives set out in this agreement.
2. the parties shall encourage the European Investment Bank to continue its action in Viet Nam, in accordance with its procedures and the criteria for funding.
ARTICLE 54 future developments Clause 1. The parties may, by mutual consent, extend the scope of this agreement in order to enhance the level of cooperation, including enforcing such agreements or protocols on areas or specific activities. Such specific agreements are an integral part of general bilateral relations governed by this agreement and are part of a common institutional framework.
2. in the context of the application of this agreement, each of the two parties may issue suggestions to expand the scope of cooperation, taking into account the experience gained in its implementation.
ARTICLE 55 other agreements 1. Without prejudice to the applicable provisions of the Treaty on the Union European and the Treaty on the functioning of the Union European, neither this agreement nor any action carried out under this programme affect the power of Member States to undertake bilateral with Viet Nam cooperation actions or conclude, if applicable, of new agreements on partnership and cooperation with this country.
2. this agreement does not affect the application or implementation of the commitments made by each party in its relations with third parties.
3. the agreements currently in force, relating to areas of cooperation within the scope of application of this agreement, are considered as a party, on the one hand, general bilateral relations governed by this agreement and, on the other hand, a common institutional framework.
ARTICLE 56 Application and interpretation of the agreement 1. Each party may refer to the Joint Committee any dispute relating to the application or interpretation of this agreement.
2. the Joint Committee may settle disputes by way of recommendation.
ARTICLE 57 1 compliance.
Parties shall take all General measures or specific necessary for compliance with the obligations that their obligations under this agreement and shall ensure that they comply with the objectives and purposes defined by this one.
2. If one of the parties considers that another has breached an obligation under this agreement, it may take appropriate measures.
3. previously, it shall, except in the case of material breach of the agreement, provide all the information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties to the Joint Committee.
4. the parties agree that for the purposes of the correct interpretation and practical application of this agreement, the terms 'appropriate measures' referred to in article 57, paragraph 2, refers to measures taken in accordance with international law and proportionate to the lack of implementation of the obligations under this agreement. During the selection of these measures, priority must be given to those which disturb least the functioning of this agreement. These measures shall be notified immediately to the other party and are the subject of consultations within the Joint Committee at the request of the other party.
ARTICLE 58 facilities to facilitate the cooperation under this agreement, both parties agree to provide the necessary facilities for the performance of the tssches of officials and experts involved in the implementation of cooperation pursuant to the rules and internal regulations of both parties.
ARTICLE 59 statements the declarations attached to this agreement are an integral part of it.
ARTICLE 60 territorial Application this Agreement shall apply to the territories where the Treaty on the Union European applies and under the conditions laid down in that Treaty, on the one hand, and to the territory of the Socialist Republic of Viet Nam, other hand ARTICLE 61 Definition of the parties for the purposes of this agreement, the term 'parties' means, on the one hand, the Union or its Member States or the Union and its Member States in accordance with their respective powers, and, on the other hand, the Socialist Republic of Viet Nam.
ARTICLE 62 national security and disclosure of information nothing in this Agreement shall be construed to require a party that it reveals information which it considers the disclosure contrary to its essential security interests.
ARTICLE 63 entry into force and duration 1.
This agreement shall enter into force the first day of the month following the date on which the last part has notified to the other the completion of the legal procedures necessary to this end.
2. this agreement is concluded for a period of five years. It is automatically extended for successive periods of one year unless written notice from one party to the other of its intention not to extend the agreement six months before the end of any subsequent period of one year.
3. the amendments of this agreement are made by mutual consent between the parties. They come into force when the parties have notified the completion of all the necessary formalities.
This agreement may be terminated by either party by written notice of denunciation to the other party. The agreement shall cease to be applicable six months after receipt of the notification by the other party.
ARTICLE 64 Notifications notifications made pursuant to section 63 are addressed respectively to the Secretary-General of the Council of the European Union and the Foreign Minister of Viet Nam.
ARTICLE 65 text being authentic this agreement is drawn up in duplicate in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Vietnamese, each of these texts being equally authentic.
Done at Brussels, 27 June 2012.
Annex joint DECLARATION on the status of market economy parties intensify cooperation to achieve a rapid recognition of the status of market economy of Vietnam as soon as possible, subject to the applicable procedures.
DECLARATION unilateral of the European UNION on the system of PREFERENCES GENERALISED (GSP). the European Union recognizes the significant importance of the GSP for the development of trade and will continue to cooperate, among others through dialogue, exchanges and capacity-building activities, in order to ensure optimal use of this system by Viet Nam, in compliance with the procedures of the parties that apply and taking into account the evolution of the commercial policy of the EU.
DECLARATION joint RELATIVE to the ARTICLE 24 (COOPERATION in the fight against money laundering and the financing of terrorism) the parties agree that the Joint Committee will draw up a list of competent authorities responsible for the exchange of information under this section.
DECLARATION COMMUNE on A the ARTICLE 57 (compliance) the parties agree that, for the purposes of the correct interpretation and practical application of this agreement, means 'material breach of the agreement', in the sense of article 57, paragraph 3, of this agreement, in conjunction with article 60, paragraph 3, of the Vienna Convention on the law of treaties of 1969 (hereinafter referred to as the 'Vienna Convention') (: a) repudiation of the agreement not sanctioned by the Vienna Convention. or (b) a serious breach of an essential element of the agreement, as described in article 1, paragraphs 1 and 2, and article 8.
In the event of material breach of the agreement, the measure is notified immediately to the other party. At the request of either party, the Joint Committee holds emergency consultations within a maximum period of 30 days to undertake a thorough review of any aspect of the measure or its foundation to find a solution acceptable to the parties.
States organization Date Authentication Type of consent Date consent entry into force local Germany 06/27/2012 Notification 12/12/2012 Austria 27/06/2012 Notification 14/05/2013 Belgium 06/27/2012 Notification 13/05/2014 Bulgaria 27/06/2012 Notification 23/01/2013 Cyprus 06/27/2012 Notification 22/01/2014 Denmark 27 / 06 / 2012 Notification 12 / 03 / 2014 Spain 27 / 06 / 2012 Notification 25 / 05 / 2013 Estonia 27 / 06 / 2012 Notification 06 / 02 / 2014 Finland 27/06 / 2012 notification / FRANCE 06/27/2012 Notification / Greece 06/27/2012 Notification / Hungary 06/27/2012 Notification 10/07/2013 Ireland 27/06/2012 Notification / Italy 27/06/2012 Notification / Latvia 27/06/2012 Notification 31/05/2013 Lithuania 27/06/2012 Notification 28/05/2013 LUXEMBOURG 27/06/2012 Notification / Malta 27/06/2012 Notification / Netherlands 27/06/2012 Notification 19/12/2012 Poland 27/06/2012 Notification / PORTUGAL 27/06/2012 Notification 17/09/2013 Romania 27/06. 2012 notification 03/06/2014 United Kingdom 27/06/2012 Notification / Slovakia 27/06/2012 Notification 24/04/2014 Slovenia 27/06/2012 Notification / Sweden 06/27/2012 Notification 02/12/2014 Czech REP. 06/27/2012 notification / E.U. 06/27/2012 Notification / VIETNAM 27/06/2012 Notification 20/12/2013